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(영문) 서울남부지방법원 2016.12.08 2016고단5084
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall borrow or lend a means of access, or keep, deliver or distribute a means of electronic financial transaction, such as an electronic card, used to make a transaction request or to secure the authenticity and accuracy of the users and the details of the transaction, or receive, request or promise any compensation therefor.

On April 2016, the Defendant received a mobile phone text message from a nameless person who is named in the office of company C located in Yongsan-gu Seoul, Yongsan-gu, Seoul, and borrowed a passbook from his nameless person to reduce taxes, and the Defendant would have lent a check card to the above nameless person by putting a telephone and receive 50,000 won as compensation.

5.3. At the above location, Kwikset service article, who was found at the above location, sent a physical card to the Defendant’s name bank account (D) to the above bearer, and then sent a password by telephone to the above bearer, thereby lending the means of access in electronic financial transactions to receive compensation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes, such as financial transactions in question, the screen run in a conversation between the parties concerned, the contents of text messages, and telephone conversations;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the choice of imprisonment;

1. The grounds for sentencing under Article 62(1) of the Criminal Act include the following: (a) the means of access that the Defendant lent was actually used for the crime of Bosing; (b) the amount of damage equivalent to six million won was deposited in the commission of the crime; (c) the Defendant had been punished for a fine on six occasions; and (d) the circumstances revealed in the arguments, including the developments leading up to the instant crime.

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